header-logo header-logo

Write or wrong

09 January 2015 / Mark Lewis
Issue: 7635 / Categories: Features , Intellectual property
printer mail-detail
lewis

Mark Lewis advocates putting copyright licences in writing & setting out the terms in full

The recent case of Orvec International Limited v Linfoots Limited [2014] EWHC 1970 (IPEC), [2014] All ER (D) 160 (Jun) concerned the extent of rights granted by Linfoots to Orvec in respect of images on its website and in its advertising material. The case demonstrates the perils of not having a written copyright licence in place.

Background facts

Orvec sells textile products, such as blankets and pillows, to airlines for use by their passengers.

Orvec hired Linfoots, an advertising agency, to design and maintain its website and also to create advertising material for it. Linfoots made photographs of Orvec’s products (the Photographs) and these appeared on Orvec’s website and in its advertising material.

As the author of the Photographs, Linfoots was the first owner of copyright in the Photographs and it retained ownership of that copyright by virtue of an express term to that effect in its standard terms and conditions.

In 2011, the parties ended their business

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll